EU261 vs UK261: where the two regimes actually differ

What routes and carriers does EU261 cover?

Article 3 sets the scope by reference to the airport of departure, the airport of arrival and the identity of the operating carrier [1]. The regulation applies to passengers departing from an airport in a Member State, and to passengers departing from an airport in a third country for an airport in a Member State where the operating carrier is a Community carrier — a carrier holding a valid operating licence granted by a Member State — unless those passengers received benefits or compensation and were given assistance in that third country [1]. The duties rest on the operating air carrier, meaning the carrier that performs or intends to perform the flight under a contract with the passenger, or on behalf of another person who holds that contract [1].

Coverage is conditional. Under Article 3(2)(a), a passenger needs a confirmed reservation. Except in the case of cancellation referred to in Article 5, the passenger must present for check-in as instructed in writing or, where no time is stated, no later than 45 minutes before the published departure time [1]. A passenger moved by a carrier or tour operator from a reserved flight to another flight is covered whatever the reason for the move [1]. Travellers flying free of charge, or on a reduced fare not available directly or indirectly to the public, fall outside the regulation, but tickets issued under a frequent flyer programme or another commercial programme of a carrier or tour operator are inside it [1].

Three further limits sit in the text: the regulation applies only to passengers carried by motorised fixed-wing aircraft, it does not apply where a package tour is cancelled for reasons other than the cancellation of the flight, and its application to Gibraltar airport is suspended until the arrangements in the 1987 joint declaration between Spain and the United Kingdom enter into operation [1].

How much does EU261 pay, and in what currency?

EU261 does not leave the figure to the airline: Article 7(1) sets three amounts by distance band, all denominated in euro [1].

The reference point is the last destination at which the denied boarding or cancellation delays the passenger's arrival beyond schedule, and distances are measured by the great circle route method [1]. Where the carrier re-routes the passenger and arrival is no more than two, three or four hours late — depending on the band — it may cut the compensation by 50% [1]. Payment must be in cash, by electronic bank transfer, bank order or bank cheque, and travel vouchers or other services only with the passenger's signed agreement [1].

Not every cancellation creates a payment. Compensation is not owed where the passenger was told of the cancellation at least two weeks before the scheduled departure; or was told between two weeks and seven days before departure and offered re-routing that departs no more than two hours early and arrives less than four hours late; or was told less than seven days before departure and offered re-routing that departs no more than one hour early and arrives less than two hours late [1]. The carrier bears the burden of proving whether and when the passenger was informed [1].

Who enforces a claim?

Enforcement is delegated to the Member States. Each one designates a body responsible for enforcing the regulation on flights from airports on its territory and on flights from third countries to those airports, and tells the Commission which body it has chosen [1]. A passenger may complain to any body designated on that basis, or to another competent body a Member State has designated, about an alleged infringement at any airport in a Member State's territory or on a flight from a third country to such an airport [1]. Sanctions set by Member States must be effective, proportionate and dissuasive [1].

The carrier carries information duties that feed a claim: it must hand affected passengers a written notice of the compensation and assistance rules, including the contact details of the national body, and display a notice at check-in [1]. Contract terms that limit or waive these obligations are excluded, and a passenger who accepted less than the regulation provides after being wrongly informed can still pursue the difference [1]. The regulation also applies without prejudice to further compensation under national law, from which sums already paid may be deducted [1].

In the United Kingdom the Civil Aviation Authority (CAA) publishes passenger-rights information and material on airline complaints, and states that consumers have important legal rights when a booked flight is delayed or cancelled [3].

How is the extraordinary-circumstances defence applied?

For cancellations, Article 5(3) removes the compensation obligation where the carrier can prove that the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken [1]. The test as drafted has two parts: the circumstances must be extraordinary, and the cancellation must have been unavoidable even after all reasonable measures [1].

The preamble lists the situations it has in mind — political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings, and strikes that affect the operation of an operating air carrier [1]. It also deems extraordinary circumstances to exist where an air traffic management decision about a particular aircraft on a particular day produces a long delay, an overnight delay or one or more cancellations by that aircraft, even though the carrier took all reasonable measures [1].

The defence is written for the money, not for the care. Article 5(3) is framed as a release from the Article 7 compensation, while the assistance and care duties sit in Articles 8 and 9 and are triggered separately by Article 5(1) [1].

Exceptions and limits

• Assistance during a delay starts at two hours for flights of 1,500 km or less, three hours for intra-Community flights over 1,500 km and other flights between 1,500 and 3,500 km, and four hours for all other flights [1].
• Once a delay reaches five hours, the passenger must also be offered reimbursement of the ticket [1]. Reimbursement is due within seven days and at the price at which the ticket was bought [1].
• Care may be limited or declined where providing it would itself cause a further delay [1].
• An upgrade carries no supplementary payment, while a downgrade triggers reimbursement of 30%, 50% or 75% of the ticket price depending on the distance band [1].
• Free or reduced fares unavailable to the public, package tours cancelled for non-flight reasons, and non-fixed-wing aircraft all sit outside the regime [1].

Frequently asked questions

Does EU261 cover award tickets booked with miles?

Yes. Tickets issued under a frequent flyer programme or another commercial programme of a carrier or tour operator are expressly inside the regulation, even though free and reduced fares that are not available to the public are outside it [1].

Can an airline settle EU261 compensation in vouchers?

Only with the passenger's signed agreement; otherwise payment must be in cash, by electronic bank transfer, bank order or bank cheque [1].

Is there a check-in deadline for an EU261 claim?

Article 3(2)(a) states that the check-in condition applies “except in the case of cancellation referred to in Article 5”. Where no check-in time is indicated in writing, the 45-minute default applies to denied-boarding and delay claims; for cancellation, the regulation does not impose the check-in condition [1].

Does a strike count as extraordinary circumstances?

The preamble lists strikes that affect the operation of the operating air carrier among the circumstances that may qualify, but the carrier still has to prove that the cancellation could not have been avoided by all reasonable measures [1].

What does the CAA publish on UK passenger rights?

The Civil Aviation Authority publishes passenger-rights information and material on airline complaints, and states that consumers have important legal rights when a booked flight is delayed or cancelled [3].

Related pages

Guides: EU261 flight delay and cancellation compensation, UK261 air passenger rights, flight complaint escalation. Terms: extraordinary circumstances, glossary.

Sources

Sources checked on 18 October 2026. It covers Regulation (EC) No 261/2004 and the UK Civil Aviation Authority's flight delays and cancellations page; the passenger-rights rules of other countries are not covered.

1. Regulation (EC) No 261/2004 on compensation and assistance to passengers, checked 18 October 2026
2. UK Civil Aviation Authority: flight delays and cancellations, checked 18 October 2026